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overstayer and flr(fp)

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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djbonnet
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Posts: 18
Joined: Mon Jul 16, 2012 10:22 am

overstayer and flr(fp)

Post by djbonnet » Wed Jun 04, 2014 7:25 pm

I really appreciate any valuable advice from any of the gurus or members. I arrived in uk as student in 2003 on a student visa valid untill 2004 and then extending that untill 2007. I became overstayer after 2007. In 2009 i met my now wife a british citizen and we started living togather and in december 2010 after succesfully applying for coa, we got married.

I applied for flr(m) in june 2011 but got refused in february 2012 and then applied for reconsideration but still not got granted. going through new solicitor chased up the case but again got rejected and applied for first tier tribunal.

After 4 years of trying for family my wife was pregnant with twins and she was 18 weeks when we appeared for my appeal. The judge dismissed the appeal reasoning they dont consider fetuses as childerns.

On 4th of may my wife gave birth to a beautifull boy and a gorgeous girl and they are just over 1 month old this week. My solicitor wants me to apply as a partner and a parent on flr(fp) and she is confident i will get it this time. I am a bit scared they might turn me down again. I like to hear from people been in similar situation and any advice or points which may help me in this application. Many thanks.

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Re: overstayer and flr(fp)

Post by MPH80 » Wed Jun 04, 2014 7:42 pm

You're still relying on article 8 for that application as you don't specifically qualify as an exception to the rules.

However, the case from the outside would appear quite strong - long time in UK, wife, children. Good luck.

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: overstayer and flr(fp)

Post by Zee ali » Wed Jun 04, 2014 9:09 pm

Try flr fp

u have good chance
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

djbonnet
Newly Registered
Posts: 18
Joined: Mon Jul 16, 2012 10:22 am

Re: overstayer and flr(fp)

Post by djbonnet » Thu Jun 05, 2014 8:44 am

MPH80 wrote:You're still relying on article 8 for that application as you don't specifically qualify as an exception to the rules.

However, the case from the outside would appear quite strong - long time in UK, wife, children. Good luck.
So that looks like i am still relying on disceeation of the case worker. In the appeal determination letter the judge has accepted my marriage and relationship genuine but not applied section 55 because the twins were nt born then. I am dreading thinking about going through reconsideration and appeal process again which i went through the last 3 years. Any body who had similar experience please do share.

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: overstayer and flr(fp)

Post by Zee ali » Thu Jun 05, 2014 11:30 am

djbonnet wrote:
MPH80 wrote:You're still relying on article 8 for that application as you don't specifically qualify as an exception to the rules.

However, the case from the outside would appear quite strong - long time in UK, wife, children. Good luck.
So that looks like i am still relying on disceeation of the case worker. In the appeal determination letter the judge has accepted my marriage and relationship genuine but not applied section 55 because the twins were nt born then. I am dreading thinking about going through reconsideration and appeal process again which i went through the last 3 years. Any body who had similar experience please do share.
Don't waste your time and money on appeal. U stand a very good chance. Apply flr fp form
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

djbonnet
Newly Registered
Posts: 18
Joined: Mon Jul 16, 2012 10:22 am

Re: overstayer and flr(fp)

Post by djbonnet » Mon Jun 09, 2014 4:43 pm

Thanks for kind advices. I applied on flr fp form and included all evidences of the address me n my wife and twins living and pictures of us togather along with birth certificate of twins registered by me. I will keep you lot updated as soon as i hear anything back from home office. Many thanks

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